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Commission Business <br />Commissioner Bauer stated it seems to him the attorney is referring to a single structure in a <br />single family residential zone, what we are looking at is a second single structure in a single <br />family residential zone, so what we are looking at in the CUP is allowing a second structure and <br />what restrictions can be placed on that. If ordinance permits renting within a single structure, <br />why not allow it in a second structure. The original conditions applied to a unique situation and <br />now we have to move forward in a way that is in the best interest of all of those involved. <br />Senior Planner Gladhill stated the City Attorney is addressing keeping the intent of the single <br />family zoning; limiting the number of renters, fixing the definition of family to include the most <br />current by state statue, and the clause that says the applicant cannot collect rent. <br />Discussion ensued regarding the definition of family including case law, number of people, <br />traffic levels, and building code. <br />Commissioner Van Scoy stated there isn't a clear definition of family in the City's zoning code, <br />but the term is being used in the City's ordinances and the Commission needs to address that; <br />maybe for this issue focus on limiting the number of people allowed. <br />Commissioner Field stated that the Commission seems to be juggling several issues. The <br />applicant is requesting two things that are different in the CUP; permission to rent the structure <br />and permission to rent it to non- family <br />Commissioners discussed the City Attorney's opinion and the language referring to the definition <br />of family how to address that in the findings and conditional use permit. <br />Senior Planner Gladhill stated he spoke with the applicant prior to the meeting regarding the City <br />Attorney's opinion and he is agreeable to the three person limit. <br />Anthony Reed, 16101 Ramsey Blvd. NW, the applicant asked if limiting the number of three <br />persons affects the main dwelling unit as well. <br />Senior Planner Gladhill stated that the Attorney's opinion applies to the subject property which <br />includes the main and detached structure. <br />Commissioner Dunaway stated he thinks this would set a dangerous precedence if another <br />applicant with a three (3) car detached garage came forward with an ailing mother and wanted to <br />do the same thing. <br />Senior Planner Gladhill stated today's ordinance addresses those concerns. The second dwelling <br />is not allowed as a conditional use today. The City is protected from this situation occurring <br />again <br />Discussion ensued regarding the history of the Conditional Use Permit, and how to fix it both for <br />future property owners and staff. Discussion continued regarding the findings of fact. <br />Planning Commission Special Meeting/October 20, 2011 <br />Page 2 of 4 <br />